The application for compensation of this case is dismissed.

[Basic Facts] The Defendant was the representative of D clan from the early 1997 police officer to June 19, 2004 (hereinafter “the clan”).

The Defendant, without authority, sold land owned by the clan C to the victim of the non-permanent Si, Seocheon-gu, Nowon-gu, (hereinafter referred to as "two lands"), F (hereinafter referred to as "three land"), and G (hereinafter referred to as "four lands"), received KRW 650 million under the pretext of down payment and intermediate payment, sold land to H, and received KRW 600 million under the pretext of down payment and received KRW 600 million for the act of being punished for fraud, etc. due to the act of receiving KRW 600 million under the pretext of down payment, the above clan shall hold an extraordinary clan general meeting on November 22, 2008, and appointed the representative of the clan, the general director of the clan, the K, and L, who was appointed as liquidation members, disposed of the above 1 through 4 land owned by the above clans without authority, and decided equally to distribute the remainder to the members except for all debts incurred by the Defendant and all other expenses incurred by the Defendant, such as capital gains tax, and all other expenses incurred by the Defendant.

In accordance with the resolution of the general meeting of the clan on February 10, 2009, the clan concluded a sales contract with N and N to sell the above KRW 1,2,3, and 4 to N for the purchase price of KRW 4 billion, the down payment of KRW 1.5 billion shall be reverted to the above clan, and the intermediate payment of KRW 2 billion shall be entrusted to the attorney-at-law to pay the Defendant’s debts to the above H, victims C, and general creditors, and the balance of KRW 500 million shall be paid for the above KRW 1,2,3, and 4 as capital gains tax, resident tax, etc.

Pursuant to the above sales contract, N paid down the down payment of KRW 1.5 billion on February 10, 2009, and the intermediate payment of KRW 2 billion on February 17, 2009, respectively, and the down payment was distributed equally to all the members, and the intermediate payment was assigned to the above attorney-at-law office, and the above H filed a fraudulent complaint against the Defendant.